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As anyone who manages a GP practice is no doubt aware, DBS checks are a vital element of any safeguarding strategy.
However, there’s often confusion surrounding which roles within a GP practice require a DBS check, and what type of check is applicable to the various roles – particularly when it comes to non-clinical roles.
Is the employee engaging in regulated activity?
Most employees in a GP practice will be eligible for either a standard or enhanced DBS check – but the level of eligibility will depend on the nature of their role.
The key question to ask is: Will the applicant be engaging in regulated activity?
Any employee who engages in regulated activity will be eligible for an enhanced DBS check, entailing a check against the relevant barred list/s. The definition of regulated activity varies in relation to adults and children.
Regulated activity in relation to adults
The definition of regulated activity in relation to adults focuses on those activities which, should they be needed by any adult, mean that the adult is considered vulnerable at the point of receiving them.
The following activities are classed as being regulated activity with adults:
- Healthcare for adults provided by, or under the direction or supervision of, a regulated healthcare professional
- Personal care for adults involving hands-on physical assistance with washing and dressing, eating and drinking, or toileting; prompting and supervising an adult with any of these tasks because of their age, illness or disability; or teaching someone to do any of these tasks
- Social work provided by a social care worker that is required in connection with any health services or social services
- Assisting an adult with cash, bills or shopping because of their age, illness or disability, arranged via a third party
- Assisting in conducting an adult’s own affairs under a formal appointment
- Conveying or transporting adults because of their age, illness or disability to, from or between places where they receive healthcare, personal care or social work, arranged via a third party
Regulated activity in relation to children
The following activities are classed as being regulated activity with children only when carried out regularly:
- Unsupervised activities: teaching, training, instructing, caring for or supervising children; providing advice or guidance on well-being; or driving a vehicle only for children
- Working for a limited range of establishments (‘specified places’) with opportunity for contact with children – for example, schools, children’s homes or childcare premises. This doesn’t include work carried out by supervised volunteers
The following are always classed as being regulated activity with children:
- Healthcare for children provided by, or under the direction or supervision of, a regulated healthcare professional. This is regulated activity even if the activity is only carried out once
- Personal care for children involving hands-on physical assistance with washing and dressing, eating and drinking, or toileting; prompting and supervising a child with any of these tasks because of their age, illness or disability; or teaching someone to do any of these tasks
- Registered childminding
- Registered foster caring
- Managing or supervising any person who is engaging in regulated activity
What does this mean for GP practices?
As we can see from the definitions above, non-clinical staff, such as receptionists, administrators and practice managers, do not engage in regulated activity and are therefore not eligible for enhanced DBS checks. A standard DBS check would be appropriate for these employees, as they will have the opportunity for contact with patients in the course of their normal duties.
If a non-clinical employee acts as a chaperone within the practice – for example, if they’re present in consultation rooms – they will still only be eligible for a standard DBS check, unless they engage in any of the activities listed above. For example, if they were expected to provide hands-on assistance with personal care, such as dressing or undressing a patient, then they would be eligible for an enhanced DBS check.
CQC requirements
The Care Quality Commission’s guidance states that some employees must undergo a DBS check countersigned by the CQC themselves, as part of CQC registration. This includes:
- Those applying for registration to carry on or manage a care service
- All partners
- Registered managers
Details on how to do this can be found on the CQC’s website under the ‘Guidance for providers’ section.
DBS checks for GP practices: A summary
When applying for DBS checks, consider each employee on a case-by-case basis.
Think about their duties and responsibilities in the light of the definitions of regulated activity given above, to ascertain whether or not they’re eligible for an enhanced DBS check. If not, a standard DBS check is likely to be appropriate.
For more information, see the DBS eligibility guidance
Author: George Griffiths, uCheck
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June 8, 2018 at 7:42 am
Hi
The information relating to the DBS criteria is very useful, however I do have a query as follows:
All of our partners have a DBS check that was countersigned by the CQC in 2012.
We are signed up with an umbrella provider and have since applied for a new Enhanced DBS check for our partners which have now arrived. These new checks have not been countersigned by the CQC?
I suppose my question is, should it be just the first DBS check for partners when they register with CQC that is countersigned by the CQC?
Thanks
June 8, 2018 at 2:03 pm
Good Afternoon,
Everyone applying to be registered persons (individuals, all partners and registered managers) must obtain a CQC Countersigned Enhanced DBS check with relevant Barred list selection before applying to register with them.
The guidance regarding whether CQC must continue to countersign any future renewal DBS applications is not entirely clear so in this instance, we would recommend for you to contact the CQC as and when you need to renew a DBS. This would ensure you have appropriate guidance given to you directly by your regulators.
As the initial process of obtaining a CQC countersigned application is to be obtained when applying to register with them, this eludes to this process being a one-time need however, it would be best practice to contact the CQC on a case by case basis to double check what they require for these roles.
June 8, 2018 at 8:23 am
Very clear and concise. However what would the frequency of these DBS checks need to be. Do partners need to be done again if initial donme by CQC. How often should Salaried Clinicians be undertaken? How often should other staff be renewed and why?
There is a certain amount of uncertainty regarding this?
June 8, 2018 at 2:04 pm
Good Afternoon,
The Disclosure and Barring Service advise that there is no general requirement to repeat checks for staff that remain employed if there is no change in their place or terms of work. Nor do the DBS have a fixed time stating how frequently renewals must occur.
Ultimately, it is up to the employer to decide when a new check is needed. Medical Practices should be able to provide evidence that they have appropriately considered where new checks are needed. This may include carrying out risk assessments to support the decision.
The CQC may have different requirements or policies that indicate to Practices which roles within their organisation need to be checked and at what time. I would recommend you discussing this with your regulators to determine how frequently different roles in the practice should be re-checked.
June 8, 2018 at 9:18 am
We have been considering this for a while now – we did the receptionist chaperone with a standard DBS check – but for chaperone duties the receptionist is supervised by the GP and will not be in a ‘position of influence’ so do they really need a DBS check?
June 8, 2018 at 2:04 pm
Good Afternoon,
Firstly, chaperones in a Medical Practice can include a multitude of activities and the DBS are aware of this; they therefore expect each application to be evaluated on a case-by-case basis.
Secondly, as the employer of such roles, you must understand what activity the applicant is undertaking and it is your decision whether you deem them to be meeting the DBS criteria for a Standard or Enhanced Disclosure.
Chaperones are, more often than not, having access to patients whilst healthcare is being delivered in consultation rooms. Due to this activity, they are eligible for a Standard DBS. I understand your explanation of the supervised nature in this particular example however in this instance, the eligibility lies with the frequent contact, unsupervised or not.
June 8, 2018 at 9:43 am
I too would be interested in understanding the rules around the frequency with which DBS checks should be undertaken for various levels of staff.
June 8, 2018 at 2:05 pm
Good Afternoon,
As mentioned above, as the DBS do not have a standard length of time for renewals it is ultimately up to the employer to decide when a new check is needed.
The CQC may have different requirements or policies that indicate to Practices which roles within their organisation need to be checked and at what time. I would recommend you discussing this with your regulators to determine how frequently different roles in the practice should be re-checked.
September 28, 2021 at 1:14 pm
Hi, with regards to Admin, would it be prudent to have them do a basic check if one is not on file, then maintain the rules with crossing over into clinical areas etc.?